DWI Appeal taken after a conditional Plea

June 20, 2014

State vs. Pressler: Submitted by New Jersey DWI Lawyer, Jeffrey Hark Issue: Was the defendant driver able to give consent to the officer who provided New Jersey consent form to for the state to draw blood at a hospital without first obtaining a search warrant. The issue boils down to: The level of  the defendant’s mental/physical/…

State of NJ vs. Gorgodian | NJ DWI Appeal and Sufficient Credible Evidence

June 12, 2014

State’s Evidential Burden of Proof in New Jersey DWI Appeal Submitted by New Jersey DWI Lawyer, Jeffrey Hark State of NJ vs. Gorgodian In this DWI Appeal the court is asked again to determine whether the state has met its evidential burden of proof and whether the trial court had erred when it made its…

DWI Appeal and Sufficient Credible Evidence

June 12, 2014

State of NJ vs. Gorgodian DWI Appeal – State’s Burden of Proof Submitted by New Jersey DWI Lawyer, Jeffrey Hark In this DWI Appeal the court is asked again to determine whether the state has met its evidential burden at of proof and whether the trial court had erred when it made its finds of…

Third Time DWI Offense: Prior DWI Convictions may Enhance the Sentence for a Subsequent Refusal Conviction

June 3, 2014

Submitted by New Jersey DWI lawyer, Jeffrey Hark State v. Roger Paul Frye (A-30-12) (070975)  Argued February 3, 2014 — Decided June 3, 2014 The Court considers whether a previous conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, may serve to enhance the sentence for a subsequent conviction for refusal to submit to a breathalyzer…

New Jersey DWI and Suppressed Blood Test Results | A-91-13 State v. Timothy Adkins (073803)

May 21, 2014

Presented by New Jersey DWI Lawyer, Jeffrey Hark. Should the defendant’s blood test results be suppressed in light of the U.S. Supreme Court’s decision in Missouri v. McNeely, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), which held that there is no per se rule of exigency in drunk driving cases? The New Jersey State Supreme…

A Bridge, But Not a Loophole: DWI and Shared Jurisdiction

May 15, 2014

Submitted by New Jersey DWI Lawyer, Jeffrey Hark On May 6th, the NJ Appellate Division, in the case of State v. Parikh ruled that a New Jersey Trooper has jurisdiction to pull over a driver in Pennsylvania due to the concurrent jurisdiction. While approaching the Walt Whitman Bridge traveling west towards Pennsylvania, Defendant Shravan Parikh…

DWI Legislation Would Replace Drunken Driving Suspensions with Ignition Locks

January 4, 2014

RECORD FILE PHOTO Hasbrouck Heights police conducting a sobriety check in 2002. Penalties for DWI could be changed this year. Most convicted drunken drivers in New Jersey could avoid mandatory license suspensions under a new bill making its way through the Legislature — a proposal that constitutes a major shift in how the state deals…